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Постановление Европейского суда по правам человека от 29.07.2010 <Дело Шапошников (Shaposhnikov) против России» [англ.]



(Application No. 8998/05)


(Strasbourg, 29.VII.2010)

<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Shaposhnikov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} <*> Nielsen, Section Registrar,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 6 July 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 8998/05) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Igor Borisovich Shaposhnikov ("the applicant"), on 10 February 2005.
2. The applicant was represented by Mr O. Yadonist, a lawyer practising in Dimitrovgrad in the Ulyanovsk Region. The Russian Government ("the Government") were represented by Ms V. Milinchuk and subsequently by Mr G. Matyushkin, the representatives of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged that his pre-trial detention from 4 to 13 January 2005 was unlawful contrary to Article 5 § 1 of the Convention.
4. On 26 November 2007 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1).
5. The Government objected to the joint examination of the admissibility and merits of the application, but the Court rejected this objection.


I. The circumstances of the case

6. The applicant was born in 1972 and lives in Ulyanovsk.
7. On 16 September 2004 he was arrested on suspicion of drug trafficking.
8. On 18 September 2004 the applicant was charged with the attempted sale of a particularly large quantity of drugs. On the same date the Dmitrovgrad Town Court of the Ulyanovsk Region ("the Town Court") authorised his pre-trial detention. The court did not set any time-limit. However, it referred to Article 108 of the Criminal Code of the Russian Federation ("the CCrP", see paragraph 19 below).
9. On 16 December 2004 the investigation was completed and the prosecution submitted the case to the Town Court for trial.
10. On 22 December 2004 the Town Court scheduled a preliminary hearing for 30 December 2004 and held, without further details, that the applicant should stay in detention. The time-limit for the extension was not specified.
11. On 30 December 2004 the Town Court carried out a preliminary examination of the case and noticed various shortcomings and defects in the investigation. With reference to Article 237 § 1 of the CCrP (see paragraph 24 below) the court decided to return the file to the prosecutor to remedy the violations within five days. The court further ruled that the measure of restraint applied to the applicant "should remain unchanged", without setting any time-limit or providing any reasons for that decision.
12. On an uns

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